Harrietsfield woman launches private prosecution in contaminated water case

A rural Halifax-area community dealing with contaminated water was told help is coming from the provinceWednesday as one resident launched a so-calledprivate prosecution against those allegedly responsible for the pollution.

Environment Minister Margaret Miller told reporters gathered at Province House the government hopes to prosecute in the near future. She also said residents of Harrietsfieldimpacted by leachate from a former auto salvage yard are getting new water treatment systems.

"They have either been in touch with the [water treatment] company or will in the next few days and systems will be going in," said Miller.

Miller's comments came after Marlene Brown, whose tap water has been contaminated for more than a decade,brought charges against two numbered Nova Scotia companies and an individual.

Begging for clean water

The charges relate toreleasing substances causing an adverse effect and for failing to abide by the terms and conditions ofministerial orders under the provincial Environmental Act, according to a news release from East Coast Environmental Law, which is assisting Brown in her case.

"Many of us have had uranium, lead and arsenic in the water coming from our taps, for years now, and all we seem to get are hollow promises," Brown, who lives near the salvage yard,said in the release.

"No one should have to beg for clean drinking water in Nova Scotia."

How private prosecution works

The Criminal Code allowsindividualstoprosecute someone who has allegedly committed an offence, thoughajudge has the power to decide the merits of the case and whetherthe accused should be compelled toanswer to the charge in court.

It'sthe first time aprivate prosecution has been used in Nova Scotia for an environmental issue, said environmental lawyer Jamie Simpson, who is also working with Brown.

"What we really want here is to put pressure on government and [raise]the public profile of this issue so that many NovaScotiansknow this site is still contaminated all these years later," Simpson said in an interview.

Simpson said the charges are against Roy Brown and his numbered company, 3012334 Nova Scotia Ltd., which owns the former salvage site at 1275Old Sambro Road.

Brown's company sold its assets in 2005 and leased the land to another numbered company, 3076525 Nova Scotia Ltd., which is the second firmcharged in the matter.

A lawyer for Brown declined to comment Wednesday night.

Nothing being enforced

The site of the former salvage yard has not been monitored in two years, Simpson said.

"[The province] issued these ministerial orders against the companies, but then because the companies have been appealing the orders, the government has basically decided to do nothing," he said.

The province is "fully entitled" to enforce its ministerial orders against the companies, Simpson said, but ithaschosen to let the appeals "run their course."

"The site just sits there contaminated and the groundwater continues to be influenced," he said.

Environment minister reacts

Miller said Wednesdaythe companies involved in the cleanup dispute recently lost their appeal.

"It made sense to wait and see what the ruling would be," she said.

"I don't think there's any need for an apology. We're still in the process. We still plan on moving forward with this. Absolutely the ministerial statements are still in order."

How the province could respond

Simpson said the province could react to Marlene Brown's private prosecutionin one of three ways.

It could step in andstay the prosecution, nullifying it.It could stay the prosecution and take over the case.Or it could allow Brown to proceed with the charges.

"Hopefully the government will feel compelled to say, 'Let's actually deal with this,'" he said.